The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-10-28
TContinued from page g.

WHICH SEl0 naQ gwen up W AOlAO" ana
entangle in the trammels of law one who
had got beyond years of discretion.
From counsel's own experience OF love
the affair was altogether too sudden to
be genuine That was one OF those
things which led him to believe that she
had the end in view at the beginning
breach of promise suit. It would have
looked better if the sister had not been
present so often. He commented Sc
verely upon the fact of there not being
even a scrap of paper in the possession
Of the lady in the shape of a note written
during his absence. Neither had he
made the slightest present, because she
said she refused them. There was not
woman in Gods world who would refuse
an engagement ring. What then was
left? The only evidence was the giving
q check in excess of the price of some of
the books she sold. Were these the
kind of presents man makes to his in
intended? Were they such as a woman
of her spirit and proud descent would &C
cept as such? 1t was highly improbable
that woman of fine feelings would take
q stranger into her confidence in a mat
ter of this kind as she did Jacob Lyons
Counsel then reviewed the correspond
ence, characterizing the letter of plant
ifs attorney the queerest document OF
the kind ever written by anyone in a
like position. The letter In denial he
considered a better reply than defendant
could have given had he been on the
stand No attempt had been made in
the evidence to show any special dam
ages. On the contrary, it had been
made ouG that plaintiff would have sus-
tanned loss if the marriage had taken
place. If counsel had been in her posi-
ton and had the chance of living on
Lanai on mutton and dying, he would
rather be q corpse. So much for the
damage sustained. He held that even
If the allegations were proved no dam
ages should be awarded She had not
sustained one cent of pecuniary damage.
The address concluded at 8 20 p. M,
when
MR.. KINNEY's ARGUMENT
Was entered upon.
He referred to the fact Of having Of
fered to produce the plaintiffs record
and the evidence being shut out on a
point of law, because her character had
not been assailed. The presumption in
law then was that her character was un-
-blemished, and that presumption stood
ny her. He referred to the absence of
the defendant, and contended that proof
should have been given why he was not
before the Court.
Mr.. Hatch interposed, saying that no
unfsvoTable comment could be made
upon the fact of his refusing to testify
If ne had been present and refused to go
on the stand it would have been differ
ent.
Mr.. Kinney said he did not want Mr.
GibsOn's silence to be used against him,
but he did not want it used against this
woman, and that had been the conten-
ton of counsel.
His Honor said the only question for
the jury was the evidence produced.
His silence could not be used against
him, and certainly not against the
plaintiff.
Mr. Kinney went on to place in juxta-
position the two women on the one |
hand and the defendant on the other. |
Counsel for defendant had depicted him |
as man easily taken in. He did not |
think that was counsel's experience of |
Mr.. Gibson. If this were case of black |
mail, what a gigantic plan it must have |
been. If these two women had the |
talent to sit down and plan out such a |
scheme, they never would have sought |
this little town of Honolulu as the arena |
in which to exercise it. They would |
have turned their attention to some |
more important place than this. Again |
referring to plaintiffs character, he said |
y woman did not live until she was % |
before giving any sign of her evil ten
denotes. The moral descent was always
gradual. Counsel for the other side had
said it was extraordinary that there was
nothing in writing. He thought it would
have been most extraordinary thing if
Gibson had ever been caught in writing.
In that mans history counsel did not
think he had ever been caught on paper.
He then proceeded at great length to
dilate upon Mr.. Gibson's alleged personal
His theory of the case
was that defendant continued the court |
ship so long as he could carry it on with
out Inconvenience to himself, and then
backed out of it.
Counsel ceased speaking at 10 o'clock,
when a short recess was taken. Fifteen
minutes later His Honor commenced
his
CHARGE TO THE JURY